Abbott, Wallace file briefs for DeLay appeal

CHAD WASHINGTON

Published 7:00 pm, Tuesday, July 25, 2006

State Attorney General Greg Abbott and Sugar Land Mayor David Wallace will each file Amicus briefs to the Fifth Circuit Court of Appeals in support of the Republican Party of Texas. The party is trying to declare DeLay as ineligible for the GOP nominee for the Congressional District 22 seat. U.S. District Judge Sam Sparks ruled earlier this month that DeLay must appear on the ballot, or no other Republican candidate can.

Abbott, a Republican, will challenge Judge Sparks' interpretation of how state election law is interpreted under the U.S. Constitution. Sparks ruled that state law cannot be used to determine eligibility for a federal position.

DeLay, who resigned from office in June, was originally declared ineligible by state GOP chair Tina Benkiser when he moved to Virginia and voted in a GOP primary there, despite still owning a home in Sugar Land. But Sparks ruled that since DeLay was unsure whether he would be in Virginia or back in Sugar Land, he was declared not ineligible.

Republicans are appealing the decision so that they can field a replacement candidate for DeLay in the election against former Democratic congressman Nick Lampson and Libertarian candidate Bob Smither.

Wallace, who is aiming to become DeLay's replacement on the ballot, filed his brief this past week. Wallace said that he would use $10,000 of his campaign funds to file the brief, which he said will focus on the framers of the Constitution and their intent. Benkiser and her lawyers have already filed their preliminary briefs to the court, and the Texas Democratic Party have filed their papers this past Friday. The court is scheduled to hear the appeal on July 31. Democrats believe that DeLay is trying to find a loophole in the state law to escape out of a race where his popularity has dipped because of ethics and legal problems.

The long legal battle has made an impact on fundraising for the key candidates in the election, as Republican candidates have had a rough time raising money. In the June 30 Federal Election Commission filing reports, DeLay took in $11,000 in the quarter, but spent $800,000, mostly on legal expenses. DeLay has gone from $1.4 million cash on hand to $604,000.

Wallace has raised only $173,000 after claiming he raised $200,000 last month. He did say that he would use his funds for another run in 2008 if he was unsuccessful this year.

Houston city councilwoman Shelley Sekula-Gibbs has only raised $44,000, while state Rep. Robert Talton of Pasadena has raised $800.

Meanwhile, Lampson has raised over $609,000 in the quarter, moving his total war chest to close to $3 million and has $2 million cash on hand.